COA affirms tax suit dismissal for lack of jurisdiction
The owners of about 1,800 properties in Lake County lost their appeal Friday of the dismissal of a lawsuit against the county over an agreement regarding the payment of back taxes.
Indiana Court of Appeals
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Habitual enhancement not concurrent sentence, COA holds
A habitual vehicular substance offender enhancement may not be imposed as a concurrent sentence, the Indiana Court of Appeals held Friday, sending a case in which that had been done back to the trial court.
COA affirms consecutive sentence for separate crimes
A man will have to serve his seven-year sentence for domestic battery after the Indiana Court of Appeals ruled a consecutive sentence could be imposed for separate crimes that arise from a single incident.
Starke County man’s quiet title action reinstated on appeal
A man who claims his signatures on 2005 real estate documents were forged won his appeal Friday to reinstate a lawsuit seeking quiet title of property he claims to have had an interest in since 1991.
COA: No error in admitting cell phone records, testimony
A man convicted of dealing narcotics and methamphetamine argued that evidence admitted from his cell phone and the opinion of a drug force detective were inadmissible, but the Indiana Court of Appeals rejected those claims Thursday.
COA: Lease damages not chargeable to tenant
A property management company sued by one of its tenants argued in court that it charged less than all the costs it incurred, but the Court of Appeals ordered the landlord to pay up, as a small claims court ruled.
Justices send Hamilton County utility rate case back to COA
The Indiana Court of Appeals erred in determining that state utility regulators acted arbitrarily in excluding a Hamilton County sewer utility’s contractor expenses in reviewing a rate case, the Indiana Supreme Court determined Wednesday, sending the case back to the COA.
COA: Ex’s contempt order was valid but violated federal law
A trial court’s contempt order against a man who named his current wife beneficiary of his military survivor benefits was valid, even though the court’s order that the ex-husband redesignate his ex-wife violated federal law, the Indiana Court of Appeals found Tuesday.
Killer’s murder, arson convictions affirmed on appeal
A Vigo County man convicted of killing a woman and then setting fires in an attempt to cover up the evidence lost his bid to have some of his convictions overturned Tuesday.
Appeals panel affirms denial of drug suppression after vehicle search
A man arrested after police ordered him to exit his parked car when officers smelled burned marijuana could not convince the Indiana Court of Appeals that the evidence of drug possession should be suppressed at his criminal trial.
Indiana Court decisions – June 7-20, 2018
Read Indiana appellate decisions from the most recent reporting period.
COA: Arbitration agreements in investment case enforceable
After a married couple that filed a complaint against their retirement investors for significant decreases in investment funds appealed a trial court order to compel arbitration, the Indiana Court of Appeals concluded arbitration agreements between the parties were enforceable and subject to the Federal Arbitration Act.
Justices: Motel room used for sting operation was not ‘place of detention’
The Indiana Supreme Court has upheld the admission of incriminating statements made in a motel room during an undercover drug investigation after finding the motel room was not a “place of detention” requiring an electronic record of the statements. The court also created a test for analyzing whether a location can be considered a “place of detention” under Indiana Evidence Rule 617.
Divided COA: Court erred in dismissing charges after 1 year
The Indiana Court of Appeals ruled in favor of the State of Indiana to reverse a trial court decision dismissing charges against a Warrick County man.
Justices reverse NIPSCO rate increase, limit hikes for nonspecific projects
A utility rate increase to fund nearly $20 million of improvements for a northern Indiana power utility was struck down by the Indiana Supreme Court on Wednesday in a ruling the court said “will likely have enormous financial consequences for utilities and their customers.”
COA: Officer’s testimony of speeding alone insufficient for traffic stop
A man who argued his Fourth Amendment rights were violated when he was arrested after a traffic stop prevailed Wednesday before the Indiana Court of Appeals, which reversed a trial court’s denial of his motion to suppress evidence from the stop.
SCOTUS agrees to hear Indiana civil forfeiture challenge
A lawsuit challenging Indiana’s civil forfeiture procedures will be heard by the United States Supreme Court after the justices granted a writ of certiorari to a case that a national legal organization says will have significant implications on Eighth Amendment protections nationwide.
COA affirms 20-year sentence for robbery in fatal drug deal
A man who set up his childhood friend in a “drug deal gone bad” and was sentenced to 20 years for his conviction of Level 2 felony robbery got no relief Monday from the Indiana Court of Appeals.
COA discourages interlocutory appeals of CHINS status changes
The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”
Insufficient evidence claim rejected on appeal in molestation case
A former Indianapolis pre-kindergarten teacher could not convince a panel of the Indiana Court of Appeals that evidence aside from his confession in his criminal case was insufficient to support his conviction of Level 1 felony child molesting.